Legal Opinion

Richard v. Quality Constr.

Louisiana Court of Appeal

Decided June 5, 2019No. 18-965Published

1Opinion of the Court

SAUNDERS, Judge.

This is a workers' compensation case wherein a claimant was involved in a one-vehicle accident. The employer raised the defense of intoxication. The WCJ found that the employee was intoxicated at the time of the accident and forfeited his benefits under La.R.S. 23:1081(1)(b), but that the employee was entitled to a penalty and an award for attorney's fees as the employer violated La.R.S. 1081(13) by failing to pay for the claimant's emergency medical expenses. Both paries raise issues on appeal.

FACTUAL AND PROCEDURAL HISTORY:

Claimant, Steve Richard, Jr. (Richard) was employed…

2Cases cited7 opinions

  1. Chaisson v. Cajun Bag & Supply Co.Supreme Court of Louisiana · 1998
  2. Cypress Oilfield Contr. v. McGoldrick OilLouisiana Court of Appeal · 1988
  3. Maricle v. Sunbelt Builders, Inc.Louisiana Court of Appeal · 2005
  4. Russell v. H & H Metal Contractors, Inc.Louisiana Court of Appeal · 2011
  5. Miller v. Louisiana Energy & Power AuthoritySupreme Court of Louisiana · 2006

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